Missing in Action: Ontario's oversight of cage aquaculture
The ECO has had longstanding concerns over the province’s oversight of cage aquaculture operations – the farming of fish in floating net cages in open water. Ontario is the only jurisdiction to permit cage aquaculture in the Great Lakes. There are nine cage aquaculture operations located on Crown land lake beds in Lake Huron and Georgian Bay.
Numerous ecological concerns are associated with cage aquaculture, such as: escaped fish inter-breeding with native species; escaped fish competing with native species for food and habitat; and the spread of fish disease in the native population. Rainbow trout (Oncorhynchus mykiss), a non-native species, is the only species raised at these locations.
Further, open cage aquaculture can have other potential environmental effects: the deterioration of local water quality from aquaculture waste products; the degradation of fish habitat; and decreased sediment quality and impaired habitat for bottom-dwelling organisms. The area allocated for these operations ranges from 1.5 hectares to 13 hectares. On average, cage operations for rainbow trout use approximately 500 to 655 tonnes of low-phosphorus feed annually; however, one site in Ontario has a feed quota of 1,800 tonnes.
Ontarians have waited more than 10 years for the much delayed release of the Ministry of Natural Resources’ (MNR’s) Aquaculture on Crown Land Policy. The lack of a policy, which was first proposed in 2000, creates uncertainty for the public and industry. It also results in a lack of environmental accountability for matters such as threats to native fish species, water quality and remediation.
The delayed policy prompted the ECO to request an update from MNR and the Ministry of the Environment (MOE) on the management of cage aquaculture and the status of many issues the ECO has flagged in past reports. The ECO is displeased to learn that little progress has been made on these issues.
Aquaculture Policies
The ECO is disappointed that MNR had not finalized its Aquaculture on Crown Land Policy or its Coordinated Application, Review and Decision Guidelines for Cage Aquaculture Sites in Ontario. MNR stated the delay was a result of the multi-agency consultations and the re-direction of staff resources to renewing licences that expired in 2010. It further stated that once the guidelines are finalized in 2012, completing the policy will be an “immediate priority.”
MOE informed the ECO that the MNR-led consultations were expected to be completed in 2011. This process will inform MOE’s finalization of discussion papers related to sediment and water quality, which will then inform MNR’s licensing guidelines. These consultations were focused on developing environmental standards and a monitoring and reporting protocol to ensure the environmental sustainability of aquaculture operations.
The ECO finds it unacceptable that MNR moved its resources away from policy development in order to renew cage aquaculture licences, resulting in Ontarians having to wait several more years for the policy to be released and implemented. The ECO urges both ministries to complete the policy, guidelines and discussion papers promptly, and ensure they are science-based and promote sustainable practices, including closed-tank systems.
Inspection and Enforcement
In the past, the ECO has criticized MOE for allowing the clean waters of Georgian Bay and Lake Huron to be degraded by aquaculture operations. Essentially, operators can pollute waters until the vicinity reaches the interim Provincial Water Quality Objective of 10 micrograms/litre (μg/l) of phosphorus, from baseline levels of 3-5 μg/l. MOE’s response to the ECO indicates that it continues to rely on this standard, which allows the continued degradation of clean waters.
Moreover, the ECO is disappointed with low inspection rates and limited action where water quality problems were detected. Licence holders are required to conduct water and sediment quality monitoring, and take water and sediment related management actions when necessary. This information is reported to MNR, which is responsible for the enforcement of licence conditions, and interpreted by MOE. MNR stated that inspections do not occur on a regularly scheduled basis – on average it inspects one or two sites per year. No violations, other than administrative errors, were recorded by the ministry.
MOE has the authority to inspect and issue corrective or preventive orders where a contaminant is discharged into the natural environment. MOE states it conducts site-specific monitoring where needed and conducted site-specific water and sediment quality studies. However, in practice, MOE largely relies on the selfmonitoring reports of licence holders. MOE stated that aside from a few site-specific exceptions, water quality around cage aquaculture operations has met its standards. Where it did not, monitoring showed incidences such as elevated phosphorus concentrations, decreased dissolved oxygen levels, nuisance algal growths and instances of localized sediment impacts. No enforcement or abatement actions have occurred over the last five years. Instead, MOE stated it would continue to focus on identifying and addressing the causative factors of these infractions.
The ECO is troubled that MOE relies on voluntary compliance where environmental impacts were observed, despite its ability to issue orders. This inaction, coupled with low inspection rates, does not give the ECO confidence that provincial waters are adequately protected from the environmental impacts of cage aquaculture.
Public Consultation on Aquaculture Licences
In previous annual reports, the ECO expressed disappointment with MNR for posting proposed cage aquaculture licences on the Environmental Registry as information notices instead of instrument proposals with public comment periods. MNR reiterated its position that cage aquaculture operations, including licences, are captured by its Class Environmental Assessment (Class EA) for Resource Stewardship and Facility Development Projects and, therefore, not subject to Registry posting requirements. Furthermore, MNR consistently assigns cage aquaculture to the lowest category of its Class EA, which does not require public consultation, environmental study reports or project evaluation. The ECO believes that MNR is thwarting the purpose of the Environmental Bill of Rights, 1993 and denying the public its right to comment.
For ministry comments, please see Appendix C.
| Previous section: Ontario's Commercial Fisheries Policies |
| Next section: Recovery of Species at Risk: Government Responses Inadequate |
| This is an article from the 2010/11 Annual Report to the Legislature from the Environmental Commissioner of Ontario. |
Citing This Article:
Environmental Commissioner of Ontario. 2011. "Missing in Action: Ontario's oversight of cage aquaculture." Engaging Solutions, ECO Annual Report, 2010/11. Toronto: The Queen's Printer for Ontario. 32-33.
